These Terms & Conditions (“Terms”) govern your use of the website located at https://focalscene.com.au (“Website”) and any related services provided by Focalscene (“Focalscene,” “we,” “us,” or “our”).
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Website or services. These Terms incorporate our Privacy Policy and Terms of Use, which can be found on our Website.
If you have any questions, please contact us before proceeding with any transactions.
1. Ecommerce
We strive to ensure our online store is accurate and up to date, but errors (such as pricing or stock availability) may occasionally occur. Submitting an order does not create a binding agreement until we process and confirm it. If an error has led to your order, we may choose not to fulfil it, but we will contact you to discuss options (e.g., placing an order at the correct price, delaying your order, or exchanging an item). If we cannot fulfil the order, we will issue a full refund promptly.
2. Payment
You agree to pay the listed purchase price (subject to corrections for errors). Prices may be updated at any time by posting the revised price on our Website. Full payment (including postage fees) must be made before we dispatch your order. If payment is denied or not received, you may be liable for associated costs, including banking fees. We reserve the right to suspend or cancel orders for non-payment.
We currently accept payments via Credit Card, PayPal, and Afterpay. By using these services, you agree to their terms and conditions available on their respective websites. These services are provided by third parties, and we are not responsible for any loss, damage, or disputes arising from their use. If you experience an issue, please contact the payment provider directly.
3. Discounts and Coupon Codes
- Discounts and coupon codes cannot be used in conjunction with any other offer unless explicitly stated.
- They apply for the specified period or seven (7) days from issuance, whichever comes first.
- They are valid only for full-priced items, unless otherwise stated.
- Coupon codes are non-transferable and cannot be redeemed for cash.
- We reserve the right to revoke any discount or coupon code at any time without notice.
4. Store Credit
- Store credit can only be used for purchases on our Website and cannot be applied to postage fees.
- An active Website account is required to receive and redeem store credit.
- Store credit expires twelve (12) months from the issue date and is non-transferable and non-refundable.
5. Gift Vouchers
Gift vouchers are emailed to the purchaser and are redeemable on full-price items only. The purchaser is responsible for securely storing the voucher. Gift vouchers:
- Cannot be refunded, redeemed for cash, or applied to discounted offers.
- Expire three (3) years from the purchase date unless specific exceptions apply (e.g., promotional vouchers, customer loyalty programs, or short-term marketing campaigns), in which case, the expiry will be clearly noted.
- Lost or stolen vouchers will not be replaced.
- Donated vouchers must be used in full in a single transaction.
- Vouchers cannot be redeemed against discounted products or services.
6. Postage and Delivery
Our shipping and returns policy is available here.
7. Events Beyond Control (Force Majeure)
If unforeseen circumstances (e.g., natural disasters, strikes, supply chain failures) prevent us from fulfilling your order, we are not liable for any resulting delays. We may cancel or delay an order until circumstances normalize. If delays are significant, we will contact you to find a suitable resolution.
8. Advice and Information
Any advice, recommendations, or information provided on our Website is given in good faith but does not constitute professional or medical advice. You should consult a qualified professional before acting on any information. We are not liable for any reliance on such advice except as required by law.
9. Australian Consumer Law
Our goods come with guarantees under the Australian Consumer Law (ACL), which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth). If you are an Australian consumer:
- You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
- You are entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure is not major.
To the maximum extent permitted by law, we exclude all other warranties and liability. Where permitted, our liability is limited to:
- Replacement of the product;
- Repair of the product;
- Payment of the cost of repair or replacement.
To make an ACL-related claim, please contact us.
10. Intellectual Property
All intellectual property rights in our Website, branding, and content remain our exclusive property. No transfer of ownership occurs through the use of our Website or purchase of our products.
11. Dispute Resolution
If a dispute arises, you agree to contact us first to attempt resolution within thirty (30) days. If unresolved, we will proceed to mediation in Victoria (or another location if agreed in writing), with costs shared equally. If the dispute remains unresolved after thirty (30) days of mediation, either party may seek legal remedies.
You agree not to commence court proceedings unless required for urgent relief.
12. Variation
We may update these Terms and Conditions at any time by posting the updated version on our Website. Changes take effect immediately upon posting.
13. Severance
If any part of these Terms is deemed unenforceable by a court, that part will be severed, and the remainder will continue to apply.
14. Termination
We may terminate this agreement at any time by providing notice. If we terminate while you have undelivered goods, we will refund any outstanding amounts.
15. Jurisdiction
These Terms are governed by the laws of Victoria, Australia. In case of a dispute, you agree that the exclusive venue will be the courts of Victoria and their appellate courts, regardless of your location.
If you have any questions about these Terms, please contact us.
Last Updated: 21st May 2025